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- USA
- Immigration Visa
Immigration Visa
Immigration Visa
U.S. Visa
U.S. visas are broadly categorized into Immigrant Visas and Non-Immigrant Visas. Immigrant visas grant permanent residency (green card) and are typically issued based on family relationships, employment, investment, and other qualifying criteria. Non-immigrant visas are issued to individuals who plan to enter the United States temporarily for a specific purpose, such as tourism, business, study, or short-term work.
Immigration Visa
Immigration visas are further divided into Family-Based Immigrant Visas and Employment-Based Immigrant Visas.
Once an immigration visa is issued, the holder must enter the United States within six months to receive their Permanent Resident Card (Green Card). The Green Card is valid for 10 years and must be renewed before expiration. After obtaining the Green Card, international travel is permitted; however, if the cardholder stays outside the U.S. for more than six months without obtaining a Reentry Permit, their permanent resident status may be at risk of revocation.
* Citizenship can be applied for after holding permanent residency for 5 years (or 3 years in the case of marriage to a U.S. citizen). Applicants must pass certain tests to qualify for naturalization.
Family-Based Immigration Visa
Family-based immigration visas are issued to the spouses and children of U.S. citizens or permanent residents. The types include the following.
| Category | Name | Description |
|---|---|---|
| IR | Immediate Relative | IR-1: Spouse of a U.S. citizen IR-2: Unmarried child under 21 of a U.S. citizen IR-3: Orphan adopted abroad by a U.S. citizen IR-4: Orphan to be adopted in the U.S. IR-5: Parent of a U.S. citizen (21 years or older) |
| CR | Conditional Resident | CR-1: Spouse of a U.S. citizen married less than 2 years CR-2: Unmarried child under 21 of a U.S. citizen, married less than 2 years |
| F | Family Preference | F1: Unmarried adult child (21 or older) of a U.S. citizen and their children F2: Spouse and dependent children of a permanent resident; unmarried child under 21 of a permanent resident; unmarried adult child (21 or older) of a permanent resident and their children F3: Married child of a U.S. citizen and their spouse and children F4: Siblings of a U.S. citizen and their spouses and children |
* Grandparents, aunts, uncles, spouses’ relatives, cousins, and similar extended family members are not eligible for family-based immigrant visas.
Employment-Based Immigrant Visa
Employment-based immigrant visas are issued through employment of individuals needed by the United States. They are categorized into five priority levels, E-1 through E-5, with the following distinctions:
To clearly differentiate from the non-immigrant E-1 and E-2 visas, these immigrant visas are also referred to as EB-1 through EB-5. Among them, the E-5 (EB-5) visa is known as the investor visa, where the applicant invests directly or indirectly and works as both the investor and employer.
Applicants for employment-based immigrant visas must first obtain a labor certification from the U.S. Department of Labor through their U.S.-based employer, verifying that the applicant has the necessary training and experience for the position. The USCIS recognizes the labor certification application date as the priority date for the immigrant visa petition.
Processing times for EB-1 and EB-2 categories are relatively short, while EB-3 has significantly improved from previous long waits, now typically taking about 1.5 to 3 years. Applicants can check current processing dates on the Cut-Off Dates chart. To obtain a labor certification, the following three conditions must be met:
1) The applicant must have a job offer from a U.S. employer.
2) The offered position must match the applicant’s experience and field of expertise.
3) The employer must demonstrate that there are no qualified U.S. workers available for the position.
* The mandatory employment period is one year, during which the employee is required to reside in the United States.
* Some categories do not require a labor certification.
※ General Application Procedure for EB-1, EB-2, and EB-3| Category | Name | Description |
|---|---|---|
| EB-1 | Employment First Preference / Priority Workers | - Individuals with extraordinary ability in sciences, arts, education, business, or athletics: No employer required Outstanding researchers or professors: Employer required - Multinational executives or managers: Employer required |
| EB-2 | Employment Second Preference / Professionals Holding Advanced Degrees and Persons of Exceptional Ability |
- Holders of a master's degree or higher, or a bachelor's degree with at least 5 years of progressive work experience in a professional field: Employer required - Individuals with exceptional ability in sciences, arts, or business: Employer required * NIW (National Interest Waiver): Allows applicants to self-petition without an employer by proving their work benefits the U.S. national interest. |
| EB-3 | Employment Third Preference / Skilled Workers, Professionals, and Unskilled Workers (Other Workers) | - Jobs requiring a bachelor's degree: Employer required - Skilled workers with at least 2 years of experience: Employer required - Unskilled workers with less than 2 years of experience: Employer required (Annual quota for unskilled workers is 5,000) |
| EB-4 | Employment Fourth Preference / Certain Special Immigrants | - Clergy, religious workers, employees of international organizations, etc.: Generally requires an employer |
| EB-5 | Employment Fifth Preference / Immigrant Investors | - Investors: $1,050,000 investment required * TEA (Targeted Employment Areas) investors: $800,000 investment required |
Labor Certification Issuance
Since March 28, 2005, the U.S. Department of Labor (DOL) has used the PERM (Program Electronic Review Management) system, an automated processing system for labor certifications, which has significantly shortened the processing time for employment-based immigration. To ensure that employing foreign workers does not negatively impact the U.S. labor market, the labor certification is issued only after the employer proves, through a recruitment advertising process, that it is difficult to find qualified U.S. workers domestically.
For professional occupations, the procedures are more stringent than for nonprofessional occupations. The procedures are as follows:
1) Common Procedures (applies to both professional and nonprofessional occupations):
- Job offer must be posted with State Workforce Agencies (SWA) for 30 days.
- Job advertisement must be published twice in Sunday newspapers.
- After posting the job offer with SWA for 30 days, the employer must wait at least 30 days and up to 180 days before submitting the Labor Certification application.
- A notice must be posted in the employer’s premises for at least 10 business days (excluding Saturdays, Sundays, and holidays) informing employees that the Labor Certification will be filed.
After completing these steps, if the application is not audited by the Department of Labor, the Labor Certification is typically approved within 6 to 7 months.
2) Additional Procedures (only for professional occupations):
In addition to the common procedures above, the employer must undertake recruitment efforts in at least three of the following:
- Job fairs
- Employer's website
- Job search websites other than the employer's
- Trade or professional organizations or publications
- Employment agencies
- Employee referral programs with incentives
- University job postings
- Newspapers targeting specific geographic or ethnic groups
- Radio or television advertisements
If the application is not audited by the Department of Labor after following these steps, the Labor Certification is usually approved within 45 to 60 days.
